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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations The Executive Order requires each Federal agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures that those programs, policies, and activities do not have the effect of excluding persons from participation in programs, denying persons the benefits of programs, or subjecting persons to discrimination because of race, color, or national origin.
This rulemaking will not have a disproportionately high or adverse effect on human health or the environment.
N. Congressional Review of Agency Rulemaking Under the Congressional Review of Agency Rulemaking Act CRA, 5 U.S.C.
801808, before a rule can take effect, the Federal agency promulgating the rule must submit to Congress and to the Government Accountability Office GAO a copy of the rule, a concise general statement relating to the rule, including whether it is a major rule, the proposed effective date of the rule, a copy of any cost-benefit analysis, descriptions of the agencys actions under the Regulatory Flexibility Act and the Unfunded Mandates Reform Act, and any other information or statements required by relevant executive orders.
FEMA has sent this rule to the Congress and to GAO pursuant to the CRA. The rule is not a major rule within the meaning of the CRA. It will not have an annual effect on the economy of $100,000,000 or more, it will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions, and it will not have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets.
List of Subjects 44 CFR Part 77
Flood insurance, Grant programs.
44 CFR Parts 78 and 79
Flood insurance, Grant programs.
44 CFR Part 80
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Disaster assistance, Grant programs.
44 CFR Part 201
Administrative practice and procedure, Disaster assistance, Grant programs, Reporting and recordkeeping requirements.

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44 CFR Part 206
Administrative practice and procedure, Coastal zone, Community facilities, Disaster assistance, Fire prevention, Grant programs-housing and community development, Housing, Insurance, Intergovernmental relations, Loan programs-housing and community development, Natural resources, Penalties, and Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, FEMA amends 44 CFR parts 77, 78, 79, 80, 201, and 206 as follows:
PART 78REMOVED AND
RESERVED
2. Under the authority of 6 U.S.C. 101
et seq.; 42 U.S.C. 4001 et seq.; 42 U.S.C.
4104c, 4104d, remove and reserve part 78.

PART 79REDESIGNATED
2. Redesignate part 79 as part 77:
3. Revise newly redesignated part 77
to read as follows:

PART 77FLOOD MITIGATION
GRANTS
Sec.
77.1
77.2
77.3
77.4
77.5
77.6
77.7
77.8

Purpose and applicability.
Definitions.
Responsibilities.
Availability of funding.
Application process.
Eligibility.
Allowable costs.
Grant administration.

Authority: 6 U.S.C. 101 et seq.; 42 U.S.C.
4001 et seq.; 42 U.S.C. 4104c, 4104d.
77.1

Purpose and applicability.

a The purpose of this part is to prescribe actions, procedures, and requirements for administration of the Flood Mitigation Assistance FMA
grant program made available under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, 42
U.S.C. 4001 et seq. The purpose of the FMA program is to assist States, Indian Tribal governments, and communities for planning and carrying out mitigation activities designed to reduce the risk of flood damage to structures insured under the National Flood Insurance Program NFIP.
b This part applies to the administration of funds under the FMA
program for which the application period opens on or after October 12, 2021.
77.2

Definitions.

a Except as otherwise provided in this part, the definitions set forth in
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59.1 of this subchapter are applicable to this part.
b Applicant means the entity, such as a State or Indian Tribal government, applying to FEMA for a Federal award under the FMA program. Once funds have been awarded, the applicant becomes the recipient and may also be a pass-through entity.
c Closeout means the process by which FEMA or the pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in 2 CFR 200.344, Closeout.
d Community means:
1 A political subdivision, including any Indian Tribe, authorized Tribal organization, Alaska Native village or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and is participating in the NFIP; or 2 A political subdivision of a State or other authority that is designated by political subdivisions, all of which meet the requirements of paragraph d1 of this section, to administer grants for mitigation activities for such political subdivisions.
e Federal award means the Federal financial assistance a recipient or subrecipient receives directly from FEMA or indirectly from a pass-through entity. The terms award and grant may also be used to describe a Federal award under this part.
f Indian Tribal government means any Federally recognized governing body of an Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of Interior acknowledges to exist as an Indian Tribe under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5131.
This does not include Alaska Native corporations, the ownership of which is vested in private individuals.
g Pass-through entity means a recipient that provides a subaward to a subrecipient to carry out part of the FMA program.
h Recipient means the State or Indian Tribal government that receives a Federal award directly from FEMA. A
recipient may also be a pass-through entity. The term recipient does not include subrecipients.
i Repetitive loss structure means a structure covered under an NFIP flood insurance policy that:
1 Has incurred flood-related damage on 2 occasions, in which the cost of repair, on average, equaled or exceeded 25% of the value of the structure at the time of each such flood event; and
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